Contract
Contract
Contract
Offer: One party must make a clear proposal. Acceptance: The other party must agree to the terms of
the offer. Consideration: Something of value must be exchanged between the parties. Intention to Create
Legal Relations: The parties must intend for the contract to be legally binding. Capacity: Each party must have
the legal capacity to enter into the contract. Legality of Purpose: The purpose of the contract must be legal.
Certainty and Possibility of Performance: Terms and conditions must be clear, and performance must be
possible.
Bilateral and Unilateral Contracts: In bilateral contracts, both parties make promises, while in
unilateral contracts, only one party makes a promise. Express and Implied Contracts: Express contracts have
explicitly stated terms, while implied contracts are formed through the parties' actions. Executed and
Executory Contracts: Executed contracts are fully performed, while executory contracts have tasks yet to be
completed. Valid, Void, Voidable, and Unenforceable Contracts: Contracts can be categorized based on their
legal status.
Legality: Contracts must be lawful. Voluntary Agreement: Parties enter into contracts willingly.
Intention to Create Legal Relations: The parties must intend to be bound by the terms. Capacity: Each party
must be mentally competent and of legal age. Possibility of Performance: The terms of the contract must be
feasible.
Legal Restrictions: Contracts involving illegal activities or violating public policy are unenforceable.
Contractual Capacity: Minors or mentally incapacitated individuals may lack the legal capacity to enter into
contracts.
Principle of Autonomy of Contracts: Parties have the freedom to decide the terms, conditions, and
obligations within the bounds of the law. Principle of Mutuality of Contracts: Both parties must be bound by
mutual promises, ensuring fairness. Principle of Relativity of Contracts: Contracts only create obligations for
the parties involved.
7. What is a stipulation pour autrui? What are its requisites? Stipulation pour autrui allows a third party to
benefit from a contract. Requisites include clear intention by the contracting parties to confer a benefit on
the third party and the third party's awareness and acceptance of the benefit.
8. When is a contract perfected? A contract is perfected when there is a meeting of the minds on all
essential elements, and the parties express their intention to be legally bound. This often occurs when an
offer is accepted.
9. Can a person enter into a contract in the name of another? What are the requisites? Yes, through
agency. Requisites include the agent having authority, the principal's manifestation of consent, and the
agent acting within the scope of that authority.